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Research On The Legal Remedies Of Shipbuilding Contract

Posted on:2012-09-17Degree:MasterType:Thesis
Country:ChinaCandidate:H M SunFull Text:PDF
GTID:2216330368482844Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Shipping industry plays a vital role in the development of national economy, China's hard power such as high technology level, high construction level are on the rise, but the soft power such as legal, management, operation are not accompanying. Shipbuilding contract is the effective legal documents which regulate buyer and seller's rights and obligations. The relevant contents of the shipbuilding contract must be seriously treated.The different legal nature will affect legal remedies. Compare the different nature and draw one conclusion is useful to China's legislation. If the legal nature is the contract for sale, in line with international practice, satisfies the practice, balance the benefit, clear the rights and obligations, which will effective remedy the interests. The study of shipbuilding contract remedies must be analyses its theory. On that basis of recommended the award of damages as the first default Remedy. Meanwhile, there are many ways to resolve disputes, when choose arbitration place and arbitration law must be careful. The chapter four and five study the client's right and obligation and the whole legal remedies with the specific case. I believe that the whole process of ship construction, seller has the more contract obligations.Buyer just has the obligation by giving money and accepting ship. But the seller has more obligations, for example, warranty of quality, warranty of time, warranty of insurance, etc. Remedies often occurred by one's default the contract.Because of England law's far influence on shipbuilding contract, and the importance of the SAJ shipbuilding text. This paper is based on integrating the law in England law and SAJ form, at the same time combining the law in our country. This paper aims to analysis the whole legal remedy,hoping that can have some meaning to our country's shipbuilding company.
Keywords/Search Tags:Shipbuilding Contract, Nature of contract, Legal Remedy, Contractual Rights and Obligations, SAJ Form
PDF Full Text Request
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